San Francisco Car Accident Lawyer

In California, injuries sustained in a car accident are valued differently depending on the facts of your case. If you can prove that the other driver was at fault, you may be entitled to receive economic and non-economic damages.

In California, economic damages may include:

• Medical bills;
• Out-of-pocket expenses related to your medical care;
• Lost wages;
• Lost future income because of reduced earning capacity; and
• Other losses for which you can show a specific dollar amount.

Non-economic damages do not necessarily have a specific dollar amount because they vary from person to person. These may include:

• Pain and suffering;
• Emotional suffering; and
• Loss of quality of life.

If you have been in a car accident, an experienced San Francisco car accident lawyer can help you determine the appropriate value of all of your damages.

In California, car accident victims have a limited amount of time to raise a claim to be compensated for their damages. This time limit is called a “statute of limitations.” The statute of limitations for a car accident case in California is two years from the date of the accident for personal injuries or wrongful death, and three years for damages to personal property. This may seem like a long time. But considering how much is involved in proving a successful car accident claim, it is important to the success of your claim that you speak to a car accident attorney right away.

To win a car accident claim, you must first prove that another driver was negligent. This basically means that the other driver was careless or reckless in the way they were driving or violated a traffic law, and their behavior is what caused you to have an accident. You then must show that you sustained injuries in the accident, including property damage or physical injuries to your body. These damages and injuries must be the proximate result of the other party’s negligent behavior. Once you have shown fault, injury, and causation, you must show the value of your injuries so an insurance company, judge, or jury can determine how much you should be compensated for your losses.

Yes. Even if the way you were driving contributed to the cause of the accident, you may still be able to receive compensation for your injuries and property damage. In California, courts use a “strict comparative negligence” theory for car accident cases. This means that as long as you were not more than 50% at fault for causing the accident, you still may recover damages to the degree that the other party was at fault. The actual amount of your total damages may be reduced by whatever percentage you were at fault for the accident.

Most car accident cases never go to court. Instead, the parties settle on a reward outside of court. Settling a case can be advantageous for both parties. When a case settles, the parties avoid the cost of litigating the case in court. The parties also avoid the risk that a judge or jury may decide the case in the other party’s favor. However, if another party or their insurance company does not settle on a fair award that covers the cost of your damages, it may be better to have a trial to assert your claim. Whether you settle your case or go to trial, it is always best to obtain the advice of an experienced San Francisco car accident attorney, who will be able to help you determine fault and value damages.